Adjournment of case
Dr J C Vashista
(Querist) 11 January 2015
This query is : Resolved
The petitoner filed a case u/s 9 of the HMA 1955 before CJ (SD)and the respondent (wife)moved to High Court u/s 24 CPC for transfer in her place of residence. High Court did not grant stay till date. Meanwhile CJ asked the respondent to file reply which was filed on very first next date along with an application u/s 24 HMA and a counter affidavit stating the respondent is ready and willing to join.
For the last 3 dates adjounments have been granted on filmsy grounds. On 4th date when the counsel for respondent objected to next adjournment a cost of Rs. 200/-(two hundred)was imposed but the CJ refused to mention last opportunity granted on the pretext to show the law and/or ruling on the subject.
In order to support the contention of respondent to disallow further adjournments does the citations of:
AIR 1974 DEL 184; 1953 AIR 23; 1973 AIR 2684 AND/OR (2000)PLR 126 609 support the contention of respondent i.e., decline further adjournments?
Or the petitioner can drag the case as per his whims and fancies?
Devajyoti Barman
(Expert) 11 January 2015
The lower courts in general litigations hardly come down heavily on the defaulting litigant.
You can ask for stringency of the court but it hardly does so.
ajay sethi
(Expert) 12 January 2015
petitioner cannot keep on dragging the case . on next date inform the court that earlier 3 adjournments were granted and costs imposed . request for short dates in the case .
R.K Nanda
(Expert) 12 January 2015
on next date press court for heavy costs for any further dates. even cost of Rs. 200/ imposed by court is too low now days. at least cost of Rs. 500/ should have been imposed.oppose further date strongly in court as even cost is no remedy for wastage of time in pending case.
Dr J C Vashista
(Querist) 13 January 2015
While invoking provisons of Or. XVII Rule 1 & 2 CPC the case is desirable to be dismissed for non-prosecution, isn't it?
T. Kalaiselvan, Advocate
(Expert) 16 January 2015
Yes sir, you can file a petition under the provisions of O17 r 1 and 2 to strike out or dismiss the main petition.
